Text of ORDER 45, RULE 1-17

ORDER XLV:   APPEALS TO THE [SUPREME COURT]

Rule 1. “Decree” defined.
In this Order, unless there is something repugnant in the subject or context, the expression "decree" shall include a judgment or a final Order.

Rule 2. Application to Court whose decree complained of.
Whoever desires to appeal to 1 [the Supreme Court] shall apply by petition to the Court whose decree is complained of.

Rule 3. Certificate as to value or fitness.
(1) A petition made under rule 2 shall briefly state the grounds of appeal and pray for a certificate.
(2) Upon receipt of such petition, the Court shall direct notice to be served on the opposite party to show cause why the said certificate should not be granted[:]
[Provided that no notice shall be directed to be served on or given to the opposite party or to the legal representative of a deceased opposite party in a case where such opposite party did not appear either at the hearing in the Court whose decree is complained of or at any proceedings subsequent to the decree of that Court.]
(3) The Court may, if the opposite party in response to the notice issued under sub-rule (2) appears, after hearing both the parties, or if the opposite party does not appear in response to such notice, then after hearing the party making the petition, grant or refuse the certificate.
(4) If on the date fixed for the hearing, the party making the petition does not appear and the opposite party appears in response to such notice or if both the parties do not appear on such date, the petition shall be dismissed.

Rule 4. Consolidation of suits.
For the purposes of pecuniary valuation, suits involving substantially the same questions for determination and decided by the same judgment may be consolidated: but suits decided by separate judgments shall not be consolidated, notwithstanding that they involve substantially the same questions for determination.

Rule 5. Remission of dispute to Court of first instance.
In the event of any dispute arising between the parties as to the amount or value of the subject-matter of the suit in the Court of first instance, or as to the amount or value of the subject matter in dispute on appeal to 1 [the Supreme Court], the Court to which a petition for a certificate is made under rule 2 may, if it thinks fit, refer such dispute for report to the Court of first instance, which last-mentioned Court shall proceed to determine such amount or value and shall return its report together with the evidence to the Court by which the reference was made.

Rule 6. [Effect of refusal of certificate.]
Omitted by F.A.O., 1975 Art.2 and Sch.

Rule 7. Security and deposit required on grant of certificate.
(1) Where the certificate is granted, the applicant shall within 1 [ninety days or such further period, not exceeding sixty days, as the Court may upon cause shown allow] from the date of the decree complained of, or within six weeks from the date of the grant of the certificate, whichever is the later date,
(a) furnish security 1 [in cash or in Government securities] for the costs of the respondent, and
(b) deposit the amount required to defray the expense of translating, transcribing, indexing 2 [, printing] and transmitting to 2 [the Supreme Court] a correct copy of the whole record of the suit, except
(1) formal documents directed to be excluded by any 5 [Rule of the Supreme Court] in force for the time being;
(2) papers which the parties agree to exclude;
(3) accounts, or portions of accounts, which the officer empowered by the Court for that purpose considers unnecessary, and which the parties have not specifically asked to be included; and
(4) such other documents as the High Court may direct to be excluded:
[Provided that the Court at the time of granting the certificate may, after hearing any opposite party who appears, order on the ground of special hardship that some other form of security may be furnished:
Provided further, that no adjournment shall be granted to an opposite party to contest the nature of such security.]

Rule 8. Admission of appeal and procedure thereon.
Where such security has been furnished and deposit made to the satisfaction of the Court, the Court shall
(a) declare the appeal admitted,
(b) give notice thereof to the respondent,
(c) transmit to  [the Supreme Court] under the seal of the Court a correct copy of the said record, except as aforesaid, and
(d) give to either party one or more authenticated copies of any of the papers in the suit on his applying therefore and paying the reasonable expenses incurred in preparing them.

Rule 9. Revocation of acceptance of security.
At any time before the admission of the appeal the Court may, upon cause shown, revoke the acceptancy of any such security, and make further directions thereon.

Rule 9-A. [Power to dispense with notices in case of deceased parties.]
Omitted by F.A.O. 1975, Art.2 and Sch.

Rule 10. Power to order further security or payment.
Where at any time after the admission of an appeal but before the transmission of the copy of the record, except as aforesaid, to [the Supreme Court], such security appears inadequate, or further payment is required for the purpose of translating, transcribing, printing, indexing or transmitting the copy of the record, except as aforesaid, the Court may order the appellant to furnish, within a time to be fixed by the Court, other and sufficient security, or to make, within like time, the required payment.

Rule 11. Effect of failure to comply with order.
Where the appellant fails to comply with such order, the proceedings shall be stayed, and the appeal shall not proceed without an order in this behalf of  [the Supreme Court], and in the meantime execution of the decree appealed from shall not be stayed.

Rule 12. Refund of balance deposit.
When the copy of the record, except as aforesaid, has been transmitted to  [the Supreme Court], the appellant may obtain a refund of the balance (if any) of the amount which he has deposited under rule 7.

Rule 13. Powers of Court of pending appeal.
(1) Notwithstanding the grant of a certificate for the admission of any appeal, the decree appealed from shall be unconditionally executed, unless the Court otherwise directs.
(2) The Court may, if it thinks fit, on special cause shown by any party interested in the suit, or otherwise appearing to the Court,
(a) impound any moveable property in dispute or any part thereof, or
(b) allow the decree appealed from to be executed, taking such security from the respondent as the Court thinks fit for the due performance of any order which  [the Supreme Court] may make on the appeal, or
(c) stay the execution of the decree appealed from, taking such security from the appellant as the Court thinks fit for the due performance of the decree appealed from, or of any order which [the Supreme Court] may make on the appeal, or
(d) place any party seeking the assistance of the Court under such conditions or give such other direction respecting the subject-matter of the appeal, as it thinks fit, by the appointment of a receiver or otherwise.

Rule 14. Increase of security found inadequate.
(1) Where at any time during the pendency of the appeal the security furnished by either party appears inadequate, the Court may, on the application of the other party, require further security.
(2) In default of such further security being furnished as required by the Court,
(a) if the original security was furnished by the appellant, the Court may, on the application of the respondent, execute the decree appealed from as if the appellant had furnished no such security;
(b) if the original security was furnished by the respondent, the Court shall, so far as may be practicable, stay the further execution of the decree, and restore the parties to the position in which they respectively were when the security which appears inadequate was furnished, or give such direction respecting the subject-matter of the appeal as it thinks fit.

Rule 15. Procedure to enforce orders of the Supreme Court.
(1) Whoever desires to obtain execution of any order of 1 [the Supreme Court] shall apply by petition, accompanied by a certified copy of the decree passed or order made in appeal and sought to be executed, to the Court from which the appeal to [the Supreme Court] was preferred.
(2) Such Court shall transmit the order of [the Supreme Court] to the Court which passed the first decree appealed from, or to such other Court as  [the Supreme Court] by such order may direct, and shall (upon the application of either party) give such directions as may be required for the execution of the same; and the Court to which the said order is so transmitted shall execute it accordingly, in the manner and according to the provisions applicable to the execution of its original decrees.
[ * * * * * * * ]
(4) Unless 1 [the Supreme Court] is pleased otherwise to direct, no order of 1 [the Supreme Court] shall be inoperative on the ground that no notice has been served on or given to the legal representative of any deceased opposite party or deceased respondent in a case, where such opposite party or respondent did not appear either at the hearing in the Court whose decree was complained of or at any proceedings subsequent to the decree of that Court, but such order shall have the same force and effect as if it had been made before the death took place.

Rule 16. Appeal from order relating to execution.
The orders made by the Court which executes the order of  [the Supreme Court], relating to such execution, shall be appealable in the same manner and subject to the same rules as the orders of such Court relating to the execution of its own decrees.

Rule 17. [Appeals to the Federal Court].
Omitted by the Federal Court Act 1941 (XXI of 1941), S.2.